# C_2019148EN.01004501.xml

| 29.4.2019 | EN | Official Journal of the European Union | C 148/45 |
| --- | --- | --- | --- |

29.4.2019

EN

Official Journal of the European Union

C 148/45

---

Judgment of the General Court of 12 March 2019 — Xiaomi v EUIPO — Dudingen Develops (MI)

(Case T-799/16) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark MI - Earlier EU figurative mark MI - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Obligation to state reasons - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001))

(2019/C 148/41)

Language of the case: English

Parties

Applicant: Xiaomi Inc. (Beijing, China) (represented by: T. Raab and C. Tenkhoff, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Dudingen Develops, SL (Leganés, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 5 September 2016 (Case R 337/2016-4), relating to opposition proceedings between Xiaomi and Dudingen Develops.

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 September 2016 (Case R 337/2016-4) in so far as it dismissed the appeal against the decision of the Opposition Division to reject the opposition to registration of the figurative sign MI as a European Union trade mark for ‘electricity mains (materials for -) [cables]’, ‘electric cables’, ‘insulated electrical cables’, ‘connection cables’, ‘cable connectors’, ‘plug adaptors’, ‘electrical power adaptors’, ‘travel adaptors for electric plugs’, ‘adapters for connecting telephones to hearing aids’ and ‘electrical power extension cords’, in Class 9, and ‘rucksacks’, ‘small rucksacks’ and ‘bags for climbers’, in Class 18; |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 September 2016 (Case R 337/2016-4) in so far as it dismissed the appeal against the decision of the Opposition Division to reject the opposition to registration of the figurative sign MI as a European Union trade mark for ‘electricity mains (materials for -) [cables]’, ‘electric cables’, ‘insulated electrical cables’, ‘connection cables’, ‘cable connectors’, ‘plug adaptors’, ‘electrical power adaptors’, ‘travel adaptors for electric plugs’, ‘adapters for connecting telephones to hearing aids’ and ‘electrical power extension cords’, in Class 9, and ‘rucksacks’, ‘small rucksacks’ and ‘bags for climbers’, in Class 18;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders Xiaomi Inc. to bear two thirds of its costs and to pay two thirds of the costs incurred by EUIPO; |
| --- | --- |

3.

Orders Xiaomi Inc. to bear two thirds of its costs and to pay two thirds of the costs incurred by EUIPO;

| 4. | Orders EUIPO to bear one third of its costs and to pay one third of the costs incurred by Xiaomi. |
| --- | --- |

4.

Orders EUIPO to bear one third of its costs and to pay one third of the costs incurred by Xiaomi.

---

(1)  OJ C 22, 23.1.2017.

---